[R.O. 2006 §500.600; Ord. No. 1341, 9-16-2003; Ord. No.
2004 §I, 9-6-2011; Ord. No. 2328 § I, 4-18-2017; Ord. No. 2426, 8-22-2018]
A certain document, one ( 1) copy of which is on file in the office of the City Clerk of the City of Warrenton, being marked and designated as the International Property Maintenance Code, 2015 Edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Warrenton in the State of Missouri for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures are herein provided; providing for the issuance of permits and collection of fees therefor; and each and all the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the City Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this Section, with the additions, insertions, deletions and changes, if any, prescribed in Section 500.350 in this Article.
[R.O. 2006 §500.610; Ord. No. 1341, 9-16-2003; Ord. No.
1664 §I, 11-21-2006; Ord. No. 1793 §I, 8-5-2008; Ord. No. 1803 §I, 9-2-2008; Ord. No. 2004 §II, 9-6-2011; Ord. No. 2328 § I, 4-18-2017; Ord. No. 2426, 8-22-2018; Ord. No. 2464, 5-7-2019]
A.
The
following Sections are amendments to the 2015 International Property
Maintenance Code:
1.
103.1 Creation of enforcement agency. The Building Department is
hereby created and, the official in charge thereof shall be known
as the "Building Commissioner." The Building Commissioner shall be
the code official as set forth in the International Property Maintenance
Code 2015.
2.
103.2 Appointment. Deleted.
3.
103.3 Deputies. Deleted.
4.
103.5 Schedule of permit fees. A fee for each permit shall be paid as required in accordance with the schedule contained in Warrenton Municipal Code Section 500.040.
5.
106.3 Violation and penalty. Any
person who shall violate provisions of this Article and the codes
adopted herein or shall fail to comply with any of the requirements
thereof or who shall perform work in violation of an approved plan
or directive of the Building Commissioner or of a permit or certificate
issued under the provisions of these codes shall be guilty of a misdemeanor
punishable by a fine and court costs of not more than two hundred
dollars ($200.00) or by imprisonment not exceeding ninety (90) days,
or both such fine and imprisonment. Each day that a violation continues
shall be deemed a separate offense. The following conditions shall
apply to property maintenance violations:
1.
For property maintenance violations committed within a twelve-month
period beginning with the first violation: two hundred dollars ($200.00)
for the first property maintenance violation, two hundred seventy-five
dollars ($275.00) for the second property maintenance violation,
three hundred fifty dollars ($350.00) for the third property maintenance
violation, and four hundred fifty dollars ($450.00) for the fourth
and any subsequent property maintenance violations.
2.
The court may only sentence a person to confinement for violations
endangering the health or welfare of others.
6.
106.4 Violation penalties. Deleted.
7.
Section 109 Deleted.
8.
Section 110 Deleted.
9.
111.1 Membership of board. The Building Board (Warrenton Municipal Code Section 500.070) shall hear and decide appeals of orders, decisions or determinations made by the Building Commissioner relative to the application and interpretation of this code. The Board shall adopt rules of procedure for conducting its business.
10.
111.2 Membership of board. Deleted, including all Subsections.
11.
111.3 Notice of meeting. Deleted.
12.
RUBBISH
202 Definitions.
Combustible and non-combustible waste materials, except garbage;
the term shall include household appliances, furniture, construction
debris, tires, plumbing fixtures, the residue from the burning of
wood, coal, coke and other combustible materials, paper, rags, cartons,
boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings,
tin cans, metals, mineral matter, glass, crockery and dust and other
similar materials.
13.
302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways,
parking spaces and similar areas shall be maintained free from hazardous
conditions.
16.
304.2 Protective treatment. Deleted.
17.
304.5 Foundation walls. All foundation walls shall be maintained
and kept in such condition so as not to create a safety hazard.
18.
304.6 Exterior Walls. Exterior walls shall be maintained in
sound condition and free of any condition which admits rain or excessive
moisture to the interior of the building.
19.
304.7 Roofs And Drainage. The roof shall be sound, tight and
not have defects that admit rain. Roof drains, gutters and downspouts
shall be maintained in good repair and free from obstructions. Roof
water shall not be discharged in a manner that creates a public nuisance.
20.
304. 8 Decorative features. Deleted.
21.
304. 11 Chimneys and towers. All chimneys, cooling towers, smokestacks
and similar appurtenances shall be maintained structurally safe and
sound.
22.
304.13 Window, Skylight And Door Frames. Every window, skylight,
door and frame shall be kept in a safe and sound condition and be
free of missing glass pieces that allow moisture entry.
23.
304.13.2 Openable Windows. One (1) openable window is required
in all sleeping rooms.
24.
304.13.3 Boarding up windows. With the approval of the Building Commissioner,
doors and windows in vacant buildings with broken, cracked or missing
glazing material may be temporarily boarded up for a period not to
exceed ninety (90) days or for the term of any permit issued by the
Building Department of the City of Warrenton. After the expiration
of such permit or after ninety (90) days when no permit is required,
boarding on all doors and windows must be removed, and doors and windows
shall then contain glazing which is free from cracks and holes. In
no event shall a door be boarded up which had no glazing as part of
its composition. Upon failure of the owner to comply with this Section
and by order of the Building Commissioner, the Building Commissioner
after notice pursuant to Section 107.3 shall cause the installation
of the appropriate glazing through any available public agency or
by contract or arrangements by private parties, and the cost thereof
shall be charged against the real estate upon which the structure
is located and shall be a lien upon such real estate.
25.
304.14 Insect screens. Every door, window and other outside opening
required for ventilation of habitable rooms, food preparation areas,
food service areas or any areas where products to be included or utilized
in food for human consumption are processed, manufactured, packaged
or stored shall be supplied with approved tightly fitting screens
of not less than sixteen (16) mesh per inch (sixteen (16) mesh per
twenty-five (25) mm), and every swinging door shall have a self closing
device in good working condition.
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Exception: Screen doors shall not be required where other approved
means, such as air curtains or insect repellent fans, are employed.
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26.
304.15 Doors. Security locks shall be present and functional
on all exterior entry doors (no double-keyed deadbolts allowed).
27.
304.17 Guards for basement windows. Deleted.
28.
304.19 Gates. Deleted.
29.
305.1 Interior Structure General. The interior of a structure
and equipment therein shall be maintained in good repair, structurally
sound and in a sanitary condition. Occupants shall keep that part
of the structure which they occupy or control in a clean and sanitary
condition. Every owner of a structure containing a rooming house,
housekeeping units, a hotel, a dormitory, two (2) or more dwelling
units or two (2) or more non-residential occupancies, shall maintain,
in a clean and sanitary condition, the shared or public areas of the
structure and exterior property.
30.
305.1.1 Unsafe Conditions. The
following conditions shall be determined as unsafe and shall be repaired
or replaced to comply with the International Building Code or the
International Existing Building Code as required for existing buildings:
1.
The anchorage of the floor or roof to walls or columns, and
of walls and columns to foundations is not capable of resisting all
nominal loads or load effects;
2.
Structures or components thereof that have reached their limit
state;
3.
Structural members are incapable of supporting nominal loads
and load effects;
4.
Stairs, landings, balconies and all similar walking surfaces,
including guards and handrails, are not structurally sound, not properly
anchored or are anchored with connections not capable of supporting
all nominal loads and resisting all load effects;
5.
Basements and interior cellars must be free of standing water.
31.
305.2 Structural Members. All structural members shall be maintained
structurally sound, and be capable of supporting the imposed loads.
32.
305.3 Interior Surfaces. There shall be no missing plaster,
drywall or gypsum on interior surfaces.
33.
305.4 Stairs And Walking Surfaces. Every stair, ramp, landing,
balcony, porch, deck or other walking surface shall be maintained
in sound condition and good repair.
34.
305.5 Handrails And Guards. Every handrail and guard shall be
firmly fastened and capable of supporting normally imposed loads and
shall be maintained in good condition.
35.
305.6 Interior Doors. Every interior door shall fit reasonably
well within its frame and shall be capable of being opened and closed
by being properly and securely attached to jambs, headers or tracks
as intended by the manufacturer of the attachment hardware.
36.
306 Component serviceability. Deleted.
37.
307 Handrails And Guardrails. General. Every exterior and interior
flight of stairs having more than four (4) risers shall have a handrail
on one (1) side of the stair and every open portion of a stair, landing,
balcony, porch, deck, ramp or other walking surface which is more
than thirty (30) inches (762 mm) above the floor or grade below shall
have guards.
38.
308.1 Accumulation of rubbish or garbage. All exterior property and
premises shall be free from any accumulation of rubbish or garbage.
The terms "rubbish or garbage," as used herein this Section, shall
include dry waste materials, debris, refuse, worthless materials,
items in disrepair, combustible and non-combustible waste materials
including bedding, appliances, household furniture, household flooring,
plumbing fixtures, tires, rims, construction debris, paper, rags,
cardboard, boxes, rubber, metal, glass, roofing materials, tree branches,
and yard waste.
39.
308.3.1 Garbage facilities. Deleted.
40.
309.1 Infestation. Structures shall be kept free from insect
and rodent infestation. Structures in which insects or rodents are
found shall be promptly exterminated by approved professional means
that will not be injurious to human health. After pest elimination
by professional means, proper precautions shall be taken to prevent
reinfestation with documentation of contracted future treatments.
41.
Table 404.5 Minimum Area Requirements
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Minimum Area In Square Feet
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|---|---|---|---|
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SPACE
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1-2 occupants
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3-5 occupants
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6 or more occupants
|
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Living Rooma, b
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120
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120
|
150
|
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Dining Rooma, b
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No requirement
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80
|
100
|
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Bedrooms
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Shall comply with Section 404.4.1
| ||
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For SI: 1 square foot = 0.0929 m2.
| |
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a.
|
See Section 404.5.2 for combined living room/dining room spaces.
|
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b.
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See Section 404.5.1 for limitations on determining the minimum
occupancy area for sleeping purposes.
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42.
404.5.1 Sleeping Area. The minimum occupancy area required by
Table 404.5 shall not be included as a sleeping area in determining
the minimum occupancy area for sleeping purposes. Sleeping areas shall
comply with Section 404.4.
43.
404.5.2 Combined Spaces. Combined living room and dining room
spaces shall comply with the requirements of Table 404.5 if the total
area is equal to that required for separate rooms and if the space
is located so as to function as a combination living room/dining room.
44.
404.6 Efficiency Unit. Nothing
in this Section shall prohibit an efficiency living unit from meeting
the following requirements:
1.
A unit occupied by not more than one (1) occupant shall have
a minimum clear floor area of one hundred twenty (120) square feet
(11.2 m2). A unit occupied by not more
than two (2) occupants shall have a minimum clear floor area of two
hundred twenty (220) square feet (20.4 m2). A unit occupied by three (3) occupants shall have a minimum clear
floor area of three hundred twenty (320) square feet (29.7 m2). These required areas shall be exclusive of the
areas required by Items 2 and 3.
2.
The unit shall be provided with a kitchen sink, cooking appliance
and refrigeration facilities, each having a minimum clear working
space of thirty (30) inches (762 mm) in front. Light and ventilation
conforming to this code shall be provided.
3.
The unit shall be provided with a separate bathroom containing
a water closet, lavatory and bathtub or shower.
4.
The maximum number of occupants shall be three (3).
45.
404.6.1. A unit occupied by not more than two (2) occupants shall
have a clear floor area of not less than two hundred twenty (220)
square feet (20.4 m2). A unit occupied by three (3) occupants shall
have a clear floor area of not less than three hundred twenty (320)
square feet (29.7 m2), these required areas shall be exclusive of
the areas required by Items 2 and 3.
46.
404.7 Food Preparation. All spaces to be occupied for food preparation
purposes shall contain suitable space and equipment to store, prepare
and serve foods in a sanitary manner. There shall be adequate facilities
and services for the sanitary disposal of food wastes and refuse,
including facilities for temporary storage.
47.
507.1 General. Drainage of roofs, paved areas, yards, courts, other
open areas and subsurface drainage systems on the premises shall be
discharged per a site plan approved by the City of Warrenton, Missouri,
or if no plan is required, a minimum of five (5) feet from a property
line and shall not be discharged in a manner that creates a public
nuisance.
48.
602.3 Heat supply. Every owner and operator of any building who rents,
leases or lets one (1) or more dwelling unit, rooming unit, dormitory
or guest room on terms, either expressed or implied, to furnish heat
to the occupants thereof shall supply heat during the period from
September 1 to May 1 to maintain a temperature of not less than sixty-five
degrees Fahrenheit (65°F) [eighteen degrees Celsius (18°C)]
in all habitable rooms, bathrooms and toilet rooms.
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Exception: When the outdoor temperature is below the winter
outdoor design temperature for the locality, maintenance of the minimum
room temperature shall not be required, provided that the heating
system is operating at its full design capacity. The winter outdoor
design temperature for the locality shall be as indicated in Appendix
D of the International Plumbing Code.
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49.
602.4 Occupiable work spaces. Indoor
occupiable work spaces shall be supplied with heat during the period
from September 1 to May 1 to maintain a temperature compatible with
the tasks being performed during the period the spaces are occupied.
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Exceptions:
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50.
603.1 Wood-burning fireplace inspection must be completed by
professional firm at occupancy if latest inspection on file is over
one (1) year old (does not apply to gas fireplaces). Fireplace considered
non-working only if rendered incapable of burning with flue sealed
off.
51.
604.2 Service. Delete.
52.
604.3 Electrical System Hazards. Delete.
53.
604.3 Electrical Equipment. Outlets within six (6) feet of water
source must have ground fault interrupter protection. Each habitable
space shall have operable lighting fixtures.
54.
604.3.1 Abatement of electrical hazards associated with water
exposure. Delete.
55.
604.3.2 Abatement of electrical hazards associated with fire
exposure. Delete.
56.
605.1 Electrical switches and outlets must be operable and in
working order.
57.
701.1.1 Flammable materials must be properly stored.
59.
704.2 Smoke Alarms And Carbon Monoxide Detectors. Working smoke
detectors must be in place in all residential structures. Working
carbon monoxide detectors must be present in all residential structures
when gas appliances are present.
60.
CHAPTER 9 INSPECTION PERMITS
61.
ARTICLE XII RESIDENTIAL PROPERTIES
62.
901.1 Purpose.
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It is the purpose and intent of the Board of Aldermen, through
the adoption of this Article, to:
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(1)
Establish a residential property registration program as a mechanism
to communicate with owners of residential properties in the City for
all purposes, including building code enforcement; and
(2)
Protect the public health, safety, and general welfare of residents
of residential properties in the City by establishing minimum standards
for residential properties; and
(3)
Provide mechanisms for the enforcement and administration of
the Municipal Code of the City to ensure that the above purposes are
accomplished.
63.
901.2 Savings Clause.
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If any section, subsection, paragraph, sentence, clause or phrase
of this Article should be declared invalid for any reason whatsoever,
the remaining portions of this Article shall remain in full force
and effect. The provisions of this Article are not intended to replace
or modify standards otherwise established in the Municipal Code or
elsewhere for the construction, replacement or repair of buildings
unless such standards are in conflict with the provisions of this
Article. In any case where a provision of this Article is found to
be in conflict with a provision of any zoning, building, fire, safety
or health ordinance or Code of the City existing on the effective
date of this Article, the provision which establishes the higher standard
for the promotion and protection of the safety and health of the people
shall prevail. It is not the intention of this Article to require
reconstruction or replacement of existing facilities or structures
in sound condition of repair in order to meet specific requirements
of any of the above-mentioned codes unless there is an existing or
probable health or safety hazard to the occupants or any residents
of the City.
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64.
CODE OFFICIAL
DIRECTOR
DWELLING
INTERIOR MAINTENANCE STANDARDS
MINIMUM STANDARDS
PERSON
PUBLIC NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
REPAIR
REPLACE
RESIDENTIAL RENTAL PROPERTY
SUBSTANDARD
THE CITY
902.1 Definitions. For purposes of this Article, certain words
and phrases are defined as follows:
The official who is charged with the administration and enforcement
of this code, or any duly authorized representatives.
The Building Commissioner of the City or his designee.
Any building or portion thereof which is designed and used
for residential purposes by an individual or a family.
Standards of maintenance of the inside elements of dwelling
units.
The least quality admissible by this Article.
A corporation, firm, partnership, association, organization
and any other group acting as a unit as well as any individual.
Includes the following:
The physical condition or use of any premises regarded as a
public nuisance at common law; or
Any physical condition, use or occupancy of any premises or
its appurtenances, considered an attractive nuisance to children,
including but not limited to abandoned wells, swimming pools, shafts,
basements, excavations, unsafe fences or structures, etc.; or
Any premises designated as unsafe for human habitation or use;
or
Any premises which are manifestly capable of being a fire hazard,
or are manifestly unsafe or unsecure as to endanger life, limb or
property; or
Any premises which are unsanitary, or which are littered with
rubbish or garbage, or which have an uncontrolled growth of weeds;
or
Any structure or building that is in a state of dilapidation,
deterioration or decay; faulty construction; open, vacant or abandoned;
damaged by fire to the extent as to not provide shelter, in danger
of collapse or failure and is dangerous to anyone on or near the premises;
or
Any other condition defined as a nuisance in the City of Warrenton
Code of Ordinances.
To restore to a sound and acceptable state of operation,
serviceability. Repairs shall be expected to last approximately as
long as would be the replacement by new items.
To remove an existing item or portion of a system and to
construct or install a new item of similar or improved quality as
the existing item when new. Replacement will ordinarily take place
when the item is beyond repair.
Any contiguous real property situated in the City, improved
with one (1) or more buildings, each containing one (1) or more dwelling
units, which are non-owner-occupied, including premises rented or
leased to the residential occupants thereof.
All structures which do not conform to the minimum standards
established by this Article or any other ordinance.
The City of Warrenton, Missouri.
65.
903.1 Registration Of Residential
Rental Properties.
(a)
Registration. The owner or owners of any residential rental
property located within the City shall register such property with
the City on or before July 31, 2019. The director shall make registration
forms available immediately. Failure of any owner to register before
July 31, 2019, shall constitute a violation of this Article.
(b)
Properties. An owner or owners submitting a residential rental
property registration form may list multiple non-contiguous residential
rental properties in the City under the same ownership on one (1)
registration form.
(c)
Duration. Registrations required by this Article shall be valid
until December 31 of the registration year. Registrations submitted
during 2019 shall be valid until December 31, 2020.
(d)
Registration Due Date. Beginning on January 1, 2021, and every
succeeding year thereafter, all owners of residential rental property
in the City shall submit the required registration form(s) to the
City no later than December 31 of the previous year. Failure of any
owner to register on or before December 31 shall constitute a violation
of this Article, and penalties as defined by this Article will be
assessed.
(e)
Required information. In addition to any other information that
the director may in his discretion require, all registrations required
by this Article shall contain the full legal name(s) of the owner
or owners, the direct street/office mailing address of the owner(s),
a phone number/cell phone and e-mail address for the owner(s), and
any local property management companies responsible for maintenance
of any of the residential rental properties listed on the registration
form.
(f)
Registration changes. Any owner(s) that has registered one (1)
or more residential rental properties under this Article must report
any change of information provided on any submitted registration form
within thirty (30) days of the change, including a change in ownership
of any listed residential rental property.
66.
904 Penalty For Failure To Register.
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In addition to any penalty imposed by the Municipal Division
for violation of City ordinances, any owner or owners who fail to
register residential rental property pursuant to the requirements
in Section 903.1 shall be assessed the following administrative penalties:
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• One (1) to fifty (50) dwelling units: ten
dollars ($10.00) per dwelling unit.
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• Fifty-one (51) dwelling units or more: six
hundred dollars ($600.00), or ten dollars ($10.00) per dwelling unit,
whichever amount is less.
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Any change of ownership of residential property shall be required
to register within thirty (30) days. Failure of any owner to register
on or before the 30th day of possession shall constitute a violation
of this Article, and penalties as defined by this Article will be
assessed.
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67.
905 Retroactive Application; Landlord-Tenant
Relations.
(a)
Applicability. All residential properties shall conform to the
requirements of this Article irrespective of when such building or
premises was constructed, altered or repaired. Nothing in this Article
shall be construed to require existing buildings or premises to comply
with the requirements of the current building code, electrical code,
plumbing code, or mechanical code; provided, however, that, after
the effective date of this Article, repairing, reconditioning or remodeling
of existing buildings shall be completed as required by this Article.
All residential properties shall meet minimum standards for the 2015
International Property Maintenance Code.
(b)
Landlord-Tenant Relations. Nothing in this Article or its enforcement
shall be construed in any way to affect landlord-tenant relations
nor shall it relieve the tenant of any implied contractual obligations
with the landlord.
68.
906 Maintenance Requirements.
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Residential properties shall be maintained, both internally
and externally, in compliance with all Federal, State and local laws
and regulations. Adherence to this Section does not relieve the owner(s)
or local agent of any obligations set forth in any covenants, conditions,
restrictions or homeowners' association rules and regulations that
may apply to the residential property.
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69.
907 Minimum Standards For Buildings.
(a)
Standards. Rental properties shall meet the minimum standards
for buildings per the 2015 International Property Maintenance Code
or any additional standards required by the building official and/or
his designated representatives.
70.
908 Inspections; certification;
enforcement.
(a)
Enforcement official. For purposes of this Article, the enforcement
official shall be the building official and/or his designated representatives,
whose duty and responsibility it shall be to enforce the provisions
of this Article.
(b)
Inspection(s). All residential properties are required to be
inspected by the enforcement official when a change in occupancy of
the residential properties occurs. Upon successful completion of inspection,
the City will issue a residential inspection certificate. The initial
inspection and first reinspection, if applicable, shall be a fifty-dollar
($50.00) fee. The owner shall be assessed a twenty-five-dollar ($25.00)
fee for each subsequent reinspection required to clear a violation.
(c)
Permits(s). Residential inspection permits shall be provided
to the property owner or their agent by the enforcement official.
Permits shall not be issued until compliance with this Article has
been confirmed by the enforcement official.
(d)
Temporary certificate(s). A temporary residential inspection
certificate may be issued by the enforcement official if, in his judgment,
any deficiencies in structures covered by this Article would not seriously
endanger the health or safety of the occupants. A signed affidavit
reflecting the specific corrections to be made and stating that the
owner will correct those deficiencies within thirty (30) days to bring
the structure into compliance with the provisions of this Article
is required prior to temporary certificate issuance. The prospective
occupant may occupy the dwelling unit while repairs are being made
and allowing any needed reinspection(s). At such time and within the
period covered by the affidavit, if the dwelling complies with all
provisions of this Article, a residential inspection permit will be
issued as provided above.
(e)
Permit duration. Once issued, such permits shall be reapplied
for with any new occupancy of the residence. As a condition of renewal,
said owner or his agent shall permit the enforcement official to inspect
the property.
(f)
Reoccupancy of permitted unit(s). Immediately upon and after
receipt of notice pursuant to Section 908 (c), it shall be unlawful
for someone to occupy the subject dwelling unit until a residential
inspection permit is issued pursuant to this Section.
(g)
Additional cause for inspection(s). Inspections may be initiated
by the enforcement official under the following circumstances:
(1)
Where there is extensive deterioration of a building
or dwelling; or
(2)
When, on the basis of a complaint or personal observation,
the enforcement official reasonably suspects that a building or dwelling
has code violations; or
(3)
Where an inspection of a residential property is
required in conjunction with an improvement for which a permit has
been issued, the enforcement official is authorized to make further
inspection to determine whether such dwelling unit conforms to the
requirements of this Article.
(h)
Scheduling inspection(s). Property owners or an authorized agent
shall contact the City to schedule inspections and pay required fees
between periods of occupancy, twenty four (24) hours' advance notice
to schedule inspections is required.
(i)
Access for purposes of inspections. The enforcement official
shall make or cause to be made inspections to determine the condition
of all structures and premises governed by this Article. The enforcement
official may enter any structure or premises at any reasonable time
for the purpose of performing his duties under this Article, when
given permission by the owner, occupant, operator, or person in charge
of the structure or premises. In the event the owner, operator, occupant
or person in charge shall refuse access to any structure or premises,
the enforcement official may make application to the judge of the
municipal court for an administrative search warrant.
(j)
Non-compliance with article; notice to be given. Whenever the
enforcement official finds evidence of a violation of any provisions
of this Article, he shall declare a code violation and give notice
of same to the person or persons responsible hereunder. Such notice
shall be in writing and shall include a statement of each of the provisions
of this Article being violated together with a statement of the corrective
action required to cure such violation. Such notice shall specify
that the owner or his agent has the right to appeal the decision of
the enforcement official to the Building Board within thirty (30)
calendar days. Such notice shall be deemed to be properly served if
a copy thereof is delivered personally, sent by certified or first-class
mail addressed to the last known address or if the notice is returned
showing that the letter was not delivered, a copy thereof shall be
posted in a conspicuous place in or about the structure affected by
such notice.
(k)
Remedy of defects. The owner of any building shall remedy the
conditions specified in such notice prior to occupancy of the residential
property. The owner of any building shall remedy any common area conditions
specified in such notice within the time designated by the enforcement
official; however, the enforcement official may, at his discretion,
extend the time for compliance with any such notice, with written
request from the owner.
(l)
Reinspection. When the owner notifies the enforcement official
that the defects have been brought into compliance, the enforcement
official shall reinspect the building, dwelling, or accessory structure
and its premises, taking particular notice whether the violations
previously noted have been brought into compliance and whether any
hazardous conditions have come into existence in the time which has
elapsed since the first inspection. If the property is found to be
in compliance and appropriate fees have been paid, the owner or his
agent shall be given a notice of residential rental inspection certificate.
If defects still exist, the owner or his agent shall be given a written
listing of such defects.
(m)
Hearing; appeal. Upon an owner's written request or the request
of the enforcement official for an administrative hearing, the enforcement
official shall notify the Building Board, which shall call and have
an administrative hearing upon the matter within twenty-one (21) days,
giving written notice of the time, place and purpose of the hearing.
A request for an appeal shall be based on a claim that the true intent
of this code or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply, or the
requirements of this code are adequately satisfied by other means.
At the hearing, any party may be represented by counsel, and all parties
shall have an opportunity to be heard. A record shall be made of the
hearing, witnesses shall be sworn, and the parties or their attorneys
shall be allowed to cross-examine opposing witnesses. After the hearing,
if the evidence supports a finding that the building or structure
violates the code or is detrimental to the health or safety of any
residents of the City, the Building Board shall issue a written order
making specific findings of fact and conclusions of law, based upon
competent and substantial evidence, which shows the building or structure
to be in violation of this Article or to be detrimental to health
or safety of any residents of the City, and ordering the building
or structure to be repaired. If the evidence does not support a finding
that the building or structure is a code violation or detrimental
to the health or safety of any residents of the City, no order shall
be issued. Notice of any post-hearing orders shall be given in the
same manner as notice of a non-compliance. The decision of the Building
Board may be appealed by a party aggrieved thereby to the Circuit
Court of Warren County pursuant to Chapter 546, RSMo., as a contested
case.
71.
909 Prosecution of violation.
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Prosecution. In case any owner is found to be violating any
provision of this Article by the enforcement official, he may issue
a summons for appearance in municipal court to answer for the Code
violation.
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72.
910 Penalties.
(a)
Owner violation. Any owner found to be violating any provision
of this Article shall be punished by a fine of not less than fifty
dollar ($50.00), but not more than five hundred dollars ($500.00)
or by imprisonment of not more than ninety (90) days or by both such
fine and imprisonment.
(b)
Additional penalties. Every day that a violation continues shall
be considered a separate offense, for which the violator may be arrested,
tried and convicted without the necessity of further notice.
(c)
Penalties. Whenever the penalty is to be a fine or a fine and
imprisonment, the fine shall be no less than the following minimum
amounts:
(1)
First violation: fifty dollars ($50.00).
(2)
Second violation: two hundred dollars ($200.00).
(3)
Third violation: three hundred dollars ($300.00).
(4)
Fourth violation: four hundred dollars ($400.00).
(5)
Fifth violation and subsequent violations: five
hundred dollars ($500.00).
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In determining the applicable minimum fine, an offense shall
be considered a recurring offense only if the defendant has previously
pleaded, or been found guilty of, violating the same minimum standards
at the same location.
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73.
911 Utility Company Notification.
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Notification. For any month when there is a change of user of
residential rate electric service within the City, Ameren UE shall
notify the Chief Building Official of the changes, indicating the
address and apartment number or unit number in whose name the service
is connected or billed.
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[1]
Editor’s Note: Former Section 500.355, International
Property Maintenance Code For Mobile And/Or Manufactured Homes Adopted,
adopted and/or amended 4-18-2017 by Ord. No. 2328 § I, and as
further amended; and Section 500.360, Violation and Penalty, adopted
and/or amended 4-18-2017 by Ord. No. 2328 § I, and as further
amended; were repealed 7-2-2019 by Ord. No. 2478.
